Patna High CourtCR. MISC./7182/2017bail granted

Nand Kishore Rai v. The State Of Bihar

2017-02-20Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.7182 of 2017 (2) dt.20-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7182 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -DERNI District- SARAN ======================================================

1. Nand Kishore Rai, S/o Banarash Rai, Resident of Village- Natha Chapra, P.S.- Dariyapur, Distt.- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Basant Kumar Singh For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2017 The petitioner is in custody since 30.11.2016 in connection with Derani P.S. Case No. 131 of 2016, registered for offences punishable under Section 30 of the Bihar Prohibition and Excise Act, 2016.

It has been submitted on behalf of the petitioner that though there is allegation of recovery of 15 litres of country made liquor from the possession of the petitioner, however he has sufficiently been punished for the said offence. Petitioner has no criminal antecedent and has been in judicial custody since 30.11.2016.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and period of custody, let the petitioner above named, be released on bail on furnishing

Patna High Court Cr.Misc. No.7182 of 2017 (2) dt.20-02-2017 bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Saran at Chapra, in connection with Derni P.S. Case No. 131/2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

It is also made clear if the petitioner again found involved in any of the offences, his bail bond will be cancelled. (Vinod Kumar Sinha, J) sunil/- U